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TheWallComplete.com – Terms and Conditions

Introduction

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

Intellectual Property Rights

This website provides research, information and speculation about the missing songs from the recording, Pink Floyd The Wall by the band Pink Floyd. This is an informational website only. The only download links included are for legitimate retailers of the album – iTunes, Amazon.com, etc. You will not be able to download or purchase any unauthorized or unlicensed copy from this Website.

Other than content you own, which you may have opted to include on this Website, or content which belongs to its original copyright holders under these Terms, TheWallComplete.com and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

Restrictions.

You are expressly and emphatically restricted from all of the following:

  • publishing any Website material in any media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is, or may be, damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and TheWallComplete.com may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

Your Content

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant TheWallComplete.com a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. TheWallComplete.com reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

Copyright Complaints

TheWallComplete.com respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. TheWallComplete.com will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify TheWallComplete.com of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of [email protected] and include in your notice a detailed description of the alleged Infringement sufficient to enable TheWallComplete.com to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide TheWallComplete.com with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at [email protected] You must include in your counter notice sufficient information to enable TheWallComplete.com to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement

TheWallComplete.com avails itself of the protections under the Digital Millennium Copyright Act (the “Act”). TheWallComplete.com reserves the right to remove any Visual Content or Communications that allegedly infringes another person’s copyright. TheWallComplete.com will terminate, in appropriate circumstances, Users who are repeat infringers of another person’s copyright. Notices to TheWallComplete.com regarding any alleged copyright infringement should be directed to TheWallComplete.com via email at: [email protected]

Filing a DMCA Notice to Remove Copyright-Protected Content

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  • Your name, address, telephone number, and email address (if any);
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where on the Website the material that you claim is infringing may be found, sufficient for TheWallComplete.com to locate the material (e.g., the URL);
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright TheWallComplete.com, its agent, or the law and is not a fair use;
  • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • Your electronic or physical signature.

Filing a DMCA Counter-Notice to Restore Content Removed from the Website

If you believe that your material has been removed by mistake or misidentification, please provide TheWallComplete.com with a written counter-notification containing the following information:

  • Your name, address, telephone number, and email address (if any);
  • A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
  • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which TheWallComplete.com may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
  • Your electronic or physical signature.

No warranties

This Website is provided “as is,” with all faults, and TheWallComplete.com makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

Limitation of liability

In no event shall TheWallComplete.com, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and TheWallComplete.com, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent TheWallComplete.com from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

TheWallComplete.com is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Assignment

TheWallComplete.com shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between TheWallComplete.com and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Texas, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.

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